USCIS Policy Alert on Derogatory Information Unknown to the Benefit Requestor

U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in its Policy Manual to address how and when USCIS may or may not disclose derogatory information before issuing an adverse decision to benefit requestors. This update provides USCIS officers with clear guidance on disclosure procedures and ensures that benefit requestors have the opportunity to rebut derogatory information in an adverse decision.

The policy explains that when USCIS intends to make an adverse decision based on derogatory information of which a benefit requestor appears to be unaware, USCIS generally discloses the information in a detailed description, if permissible. If not permissible, such as for some third-agency records and some third-party information, USCIS may elicit the same or substantially similar information from the benefit requestor in response to a request for evidence (RFE) or through interview testimony.

This guidance is effective immediately and applies to benefit requests pending or filed on or after 6/12/25. Feedback is due 7/14/25.